🏠
Select your role and situation above
Florida rental restriction law is complex and often misunderstood. We'll show you what the law actually says.
🏠 Resident / Owner
Florida Statute § 718.110 · § 720.306 · Florida Statute § 509
Florida HOAs and condos can ban short-term rentals — if the restriction is in the governing documents.
Florida law generally allows associations to restrict short-term rentals (Airbnb, VRBO, etc.) through their governing documents. However, the restriction must be in the Declaration or properly amended into the governing documents — it cannot simply be a board rule. Additionally, Florida's preemption statute limits some municipal restrictions, but HOA restrictions remain largely enforceable if properly adopted.
Read Florida Statute § 718.110 →
🔍
First — Check Your Documents
- Is the short-term rental ban in the Declaration — or just in board rules?
- If it's only a board rule, it may be challengeable
- When was the restriction adopted? Was it there when you bought?
- What exactly does it prohibit — all rentals under 30 days? Under 6 months?
- Is there an exception for owner-occupied short-term rentals?
Important Legal Nuances
- Restrictions in the original Declaration are generally enforceable against all owners
- Restrictions added by amendment may not apply to owners who bought before the amendment — check Florida § 718.110
- Board-only rules restricting rentals (not in the Declaration) have weaker legal standing
- Fines for Airbnb violations must follow the full fining committee process like any other fine
- If you were operating short-term rentals before the restriction was adopted, you may have grandfather rights
This is general legal information, not legal advice. Short-term rental restriction cases in Florida are fact-specific and depend heavily on your exact governing documents and when restrictions were adopted. Consult a Florida HOA attorney before operating a short-term rental in a community with rental restrictions.
🏠 Resident / Owner
Florida Statute § 718.110 · § 720.306
Minimum lease period requirements are generally enforceable — if they're properly in your governing documents.
Florida law allows associations to set minimum lease periods through their governing documents. Common minimums are 30 days, 6 months, or 1 year. These restrictions are generally enforceable against owners who bought with those restrictions in place. However, retroactive application of new minimum lease requirements to existing owners can be legally complicated.
📋
What You Need to Know
- Check your Declaration for the exact minimum lease period
- Check if leases must be submitted to the association for approval
- Check if tenants must be approved by the board — and what the criteria are
- Check if there is a cap on the number of units that can be rented at once
- Violating minimum lease rules can result in fines and potentially voiding the lease
⚖️
If You Think the Rule Is Being Misapplied
- Request a copy of the specific document provision in writing
- Ask if the rule was in the original Declaration or added by amendment
- If added by amendment — ask for a copy of the amendment and when it was recorded
- Check if other owners are renting under shorter leases without enforcement — selective enforcement defense
- Consult a Florida HOA attorney before signing a lease that may violate HOA rules
This is general legal information, not legal advice. Minimum lease requirements and their enforceability depend heavily on the specific language in your governing documents and when they were adopted.
🏠 Resident / Owner
How to Report an Illegal Rental
1
Document the evidence. Screenshot the Airbnb or VRBO listing if you can find it. Note dates when you observe new guests arriving. Document any noise, parking, or access issues caused by the short-term guests.
2
Report in writing to the board or management. Include your documentation. Reference the specific governing document provision being violated. Ask for written confirmation of what action will be taken.
3
Follow up if no action is taken. If the board does not respond or act within a reasonable time, send a follow-up asking for a status update. Boards have a duty to enforce their own rules.
4
If the board consistently refuses to enforce — you have options. Florida law allows owners to request mandatory arbitration when an association fails to enforce its own rules. For persistent non-enforcement, consult a Florida HOA attorney.
This is general legal information, not legal advice. Do not contact the short-term rental guests directly or interfere with their stay — this creates personal liability for you regardless of the violation.
🏠 Resident / Owner
Florida Statute § 718.110(13) · § 720.306
Florida law has specific protections for owners who rented before new rental restrictions were adopted.
Under Florida § 718.110(13), an amendment to a condominium's governing documents that restricts unit owners' ability to rent their units applies only to unit owners who acquire title after the effective date of the amendment — and to those who consent to the amendment. Existing owners who rented before the amendment was adopted may have grandfather rights. This is a significant legal protection that many owners don't know about.
Read Florida Statute § 718.110(13) →
🛡️
Your Potential Grandfather Rights
- If you owned your unit before a rental restriction amendment was adopted, you may be exempt from the new restriction
- This protection applies specifically to condominium owners under § 718.110(13)
- You must not have voted for or consented to the amendment
- The protection may run with you as an owner — but may not transfer to a buyer of your unit
- This does not protect against restrictions that were in the original Declaration when you bought
- Document your rental history before the amendment was adopted
If the HOA is trying to add new rental restrictions — attend the meeting, vote no if you oppose it, and consult a Florida HOA attorney about your grandfather rights before complying with any new restriction.
This is general legal information, not legal advice. Grandfather rights in rental restriction amendments are fact-specific and legally complex. Consult a Florida HOA attorney before making any decisions about your rental activity.
📋 Board Member
Florida Statute § 718.303 · § 720.305
Short-term rental restrictions are enforceable — but require the same due process as any other violation.
If your Declaration contains a short-term rental restriction, it is generally enforceable through your normal violation and fining process. The board cannot simply shut down a rental or enter a unit — it must follow the full written notice, hearing opportunity, and fining committee process. Evidence of the violation and consistent enforcement are both essential.
✅
How to Build an Enforceable Case
- Document the violation — Airbnb listing screenshot, observed guest turnover, neighbor complaints in writing
- Verify the restriction is in the Declaration — not just board rules
- Check if the owner may have grandfather rights under § 718.110(13)
- Issue written violation notice citing the specific provision
- Follow the full fining committee process — do not skip steps
- Apply the restriction consistently to all owners equally
Legal Risks in Enforcement
- Enforcing against some short-term rentals but not others — selective enforcement
- Enforcing a restriction that was added by amendment against a pre-amendment owner who has grandfather rights
- Trying to enforce a rental restriction that exists only in board rules — not the Declaration
- Skipping fining committee process for rental violations
This is general legal information, not legal advice. Short-term rental enforcement can be legally complex, especially regarding grandfather rights. Consult association counsel before pursuing enforcement against a long-term owner who rented before any amendment was adopted.
📋 Board Member
Effective Minimum Lease Enforcement
1
Require lease submission and approval. If your documents allow it, require all owners to submit leases to management before tenants move in. This creates a review point for minimum lease period compliance before violations occur.
2
When you discover a violation — follow due process. Issue a written violation notice citing the specific provision. Give the owner the opportunity to cure — which in this case may mean the tenant cannot move in or must be given proper notice to vacate.
3
Apply the rule consistently. Minimum lease enforcement must be applied equally to all owners. Selective enforcement is a complete defense to a violation.
4
For repeat offenders — escalate through the full fining process. Follow the fining committee process. Document every step. For persistent violations, consult association counsel about injunctive relief.
This is general legal information, not legal advice. Minimum lease enforcement that involves existing tenants has additional legal complexity. Consult association counsel before taking any action that might affect an existing tenant's occupancy.
📋 Board Member
The Correct Response
1
Verify the complaint and gather evidence. Don't act solely on one complaint. Verify the rental activity — listing screenshot, observed guest turnover, multiple resident reports. Build a documented evidence file.
2
Check the owner's status before acting. Does this owner have potential grandfather rights? Did they rent before any restriction was adopted? Consulting association counsel before issuing a violation notice is advisable in contested cases.
3
Issue a written violation notice to the owner. Cite the specific governing document provision. Do not identify the complaining neighbor. Give the owner the opportunity to respond and cure.
4
Proceed through the fining process if violation continues. Fining committee hearing, documented decision, written outcome notice to owner. Every step documented.
This is general legal information, not legal advice. Never disclose the identity of the complaining resident to the alleged violator.
📋 Board Member
Florida Statute § 718.110(13) · § 720.306
New rental restrictions require a formal amendment — and may not apply to owners who already rent.
Adding rental restrictions after the fact is legally complex in Florida. For condominiums, § 718.110(13) specifically provides that rental restriction amendments only apply to owners who acquire title after the amendment's effective date — and to those who consent. This means existing renters may be grandfathered and exempt from your new restriction, potentially for as long as they own their units.
Read Florida Statute § 718.110(13) →
📋
What a Proper Amendment Requires
- Approval by the required percentage of owners — typically a supermajority
- Properly noticed membership meeting
- Recording the amendment with the county
- Clear written notice to all owners of the new restriction and effective date
- Understanding and documenting which owners may be grandfathered
What the Board Cannot Do
- Add rental restrictions through a board rule alone — must be a Declaration amendment
- Apply new rental restrictions to pre-amendment owners without their consent
- Enforce new restrictions before the amendment is properly recorded
- Retroactively penalize owners who rented legally before the amendment
This is general legal information, not legal advice. Adding rental restrictions to governing documents is a significant legal undertaking. Involve association counsel from the very beginning of this process.